HOUSE BILL No. 5378


     November 1, 2001, Introduced by Reps. Ehardt, Neumann, Jacobs, Rich Brown, Pappageorge, Woronchak and Vander Veen and referred to the
Committee on Health Policy.


        A bill to amend 1978 PA 368, entitled

   "Public health code,"

   (MCL 333.1101 to 333.25211) by adding sections 18605 and 18607.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           SEC. 18605.  (1) A CONTACT LENS PROVIDER SHALL NOT DISPENSE,

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      SELL, OR PROVIDE CONTACT LENSES TO A STATE RESIDENT EXCEPT PURSU-

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      ANT TO AN UNEXPIRED CONTACT LENS PRESCRIPTION.  THE CONTACT LENS

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      PRESCRIPTION SHALL INCLUDE AT A MINIMUM ALL OF THE FOLLOWING:

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           (A) FOR SOFT HYDROPHILIC CONTACT LENSES:

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           (i) BRAND OR TRADE NAME.

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           (ii) QUANTITY OF LENSES TO BE DISPENSED.

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           (iii) NUMBER OF ALLOWABLE REFILLS.

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           (iv) IF APPLICABLE, SPECIAL FEATURES.

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           (B) FOR RIGID GAS PERMEABLE CONTACT LENSES:




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           (i) PERIPHERAL CURVE OR CURVES, INCLUDING CURVATURE AND

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      WIDTH.

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           (ii) OPTICAL ZONE DIAMETER.

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           (iii) CENTER THICKNESS.

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           (iv) LENS MATERIAL.

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           (v) IF APPLICABLE, SPECIAL FEATURES.

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           (C) FOR BOTH SUBDIVISIONS (A) AND (B) LENSES:

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           (i) DIOPTRIC POWER.

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           (ii) BASE CURVE OR INSIDE RADIUS OF CURVATURE.

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           (iii) DIAMETER.

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           (iv) COLOR OR TINT.

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           (v) LENS WEARING SCHEDULE.

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           (vi) TYPED OR COMMERCIALLY PRINTED NAME, OFFICE ADDRESS, AND

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      TELEPHONE NUMBER OF PRESCRIBING PHYSICIAN OR OPTOMETRIST.

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           (vii) DATE OF ISSUANCE.

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           (viii) PATIENT'S NAME.

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           (ix) SIGNATURE OF PRESCRIBING PHYSICIAN OR OPTOMETRIST.

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           (x) PRESCRIPTION EXPIRATION DATE.

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           (xi) NUMBER OF PERMITTED REFILLS.

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           (2) A CONTACT LENS PRESCRIPTION SHALL BE BASED UPON A COM-

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      PREHENSIVE VISION AND EYE HEALTH EXAMINATION, A DIAGNOSTIC TRIAL

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      CONTACT LENS EVALUATION, AND A FOLLOW-UP EVALUATION OF THE CON-

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      TACT LENS ON THE PATIENT'S EYE BY THE PRESCRIBING PHYSICIAN OR

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      OPTOMETRIST.  THE CONTACT LENS EVALUATION SHALL BE PRESUMED COM-

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      PLETED IF THERE IS NO CONTACT LENS RELATED APPOINTMENT SCHEDULED

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      WITHIN 30 DAYS AFTER THE MOST RECENT VISIT BY THE PATIENT TO THE

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      PRESCRIBING PHYSICIAN OR OPTOMETRIST.


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           (3) A PATIENT'S HEALTH RECORD IS NOT A CONTACT LENS

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      PRESCRIPTION.

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           SEC. 18607.  (1) A CONTACT LENS PROVIDER SHALL NOT REFILL A

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      CONTACT LENS PRESCRIPTION THAT IS WITHIN 60 DAYS OF ITS EXPIRA-

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      TION DATE WITH MORE THAN THE QUANTITY OF REPLACEMENT SOFT CONTACT

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      LENSES NEEDED THROUGH THE PRESCRIBED EXPIRATION DATE BASED ON THE

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      PRESCRIBED WEARING SCHEDULE.

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           (2) IF THE ORIGINAL WRITTEN CONTACT LENS PRESCRIPTION IS NOT

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      AVAILABLE TO A CONTACT LENS PROVIDER, THE CONTACT LENS PROVIDER

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      SHALL CONFIRM THE SPECIFICS OF THE CONTACT LENS PRESCRIPTION WITH

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      THE PRESCRIBER OR HIS OR HER AGENT, PRIOR TO DISPENSING, SELLING,

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      OR OTHERWISE PROVIDING ANY CONTACT LENSES AND SHALL MAINTAIN A

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      WRITTEN RECORD OF THAT COMMUNICATION.  THE PRESCRIBER OR HIS OR

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      HER AGENT SHALL CONFIRM THE SPECIFICS OF THE PRESCRIPTION WITH

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      THE CONTACT LENS PROVIDER WITHIN 2 BUSINESS DAYS OF A REQUEST.

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           Enacting section 1.  This amendatory act does not take

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      effect unless all of the following bills of the 91st Legislature

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      are enacted into law:

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           (a) Senate Bill No. ____ or House Bill No. ____ (request

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      no. 00773'01 *).

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           (b) Senate Bill No. ____ or House Bill No. ____ (request

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      no. 04263'01).

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           (c) Senate Bill No. ____ or House Bill No. ____ (request

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      no. 04265'01).









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